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How do i object to findings and order after hearing?

Rohnert Park, CA |

Neither Parent can decide on schools, we went to court to decide. Judge agreed fathers side made sense logistically, mothers academically. Judge ruled in favor of mother. I am father. I will now be subjected to 50 miles daily travel, and neglect my other child because I cannot take both children to school. I want to object to this, but don't know how.

Attorney Answers 4

  1. Best answer

    It sounds as if you have no objection to the accuracy of the findings and order after hearing but rather to the Court's underlying order. There may be a number of options that you can pursue and you should meet with an experienced family law attorney in your community to discuss which options are best for you.

    One option is a motion for reconsideration. This requires new facts or law that would alter the judge's decision but that were not known or in existence at the time of the original hearing. Accordingly. it is very difficult to succeed on a motion for reconsideration.

    Another option is an appeal. An appeal is a lengthy process likely to take 18 months. On appeal the judge's factual determinations will be given a great deal of discretion. In family law proceedings the standard on appeal is generally "abuse of discretion" meaning that to successfully overturn a judge's decision you will have the burden of showing that the judge made a decision that no reasonable judge would have under the circumstances. This is again a difficult course of action to successfully navigate.

    There are time limits attached to all of these options and accordingly it is important that you speak to an experienced family law attorney in your community as soon as possible to determine which, if any, course of action is in your best interests.

    Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.

  2. When you object to a findings and order after hearing you're only objecting to the language not matching what the judge ordered if your actual question is how do you have the court reconsider its ruling you would have to file a request for order reconsidering the courts prior order that can only be done if new facts that were not available to you at the time of hearing become available and you file your request within 10 days your other alternative would be an appeal however that would require that the judge made an error in law it sounds as if neither of those options are available to you

    Information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

  3. Per the two prior responders, you have very limited options. No objection to the Findings and Order after Hearing would work. Unless you have new facts, laws or circumstances that didn't exist at the time of the order, filing a Motion for Reconsideration would be a waste of time and money. The Judge exercised his/her discretion and made an order based on acedemic qualifications that is logistically inconvenient to you. An appeal would be very expensive and would take a long time, and it is unlikely that the order would be overturned unless the appellate court found that the Trial Judge abused his/her discretion. You might investigate alternative transportation options, including a friend, relative, school bus, taxi, shuttle, etc. for one of your two children.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

  4. I agree with the prior responses, and wish only to add that your candor speaks well of you. But the judge, in seeming good faith, based the order on academics as being in the best interests of the child. This is precisely the sort of result that inevitably flows from a NON invested unrelated overworked human deciding how you and your ex will raise your children.

    See if there is not away you can (as has been suggested) get creative and work this out,and keep keep judges out if your family life. Egos too, if possible.

    Good luck.